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Baitul Dawiyah; Dian Endarwati; Diani Kartika Putri; Novita Angraeni

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the effectiveness of socialization carried out by the General Election Commission (KPU) of Palangka Raya City in increasing the participation of students from the Palangka Raya State Islamic Institute (IAIN) in the regional head general election. The research methods used were surveys and interviews with related parties. The research results show that the majority of students already know information related to general elections, but there are still several obstacles in understanding voting techniques and the importance of using the right to vote. Based on these findings, this research recommends several strategies that the KPU can implement to increase the effectiveness of outreach, such as involving student organizations, utilizing social media, and holding voting simulation activities.

Adrianto Trimarjono; Wiwin Wahyuni; Lilik Mardiana

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Currently, one concrete manifestation of community participation in nation building is by paying taxes.  Tax contributions in recent years have become increasingly significant and can be taken into account as the backbone of national financing sources in order to make national development programs a success that will increase economic growth. The number of taxpayers is also increasing from time to time as a reflection of increasing taxpayer awareness and compliance. MSMEs in Simokerto District, Surabaya, as part of the Taxpayers, we will accompany in realizing compliance as Taxpayers in the hope of knowing the latest regulations and calculation methods for withholding PPh Article 21 in the previous provisions, which have high complexity and calculation schemes that vary greatly. PPh Article 21 tax on individuals is very comparable to other withholding tax systems (for example: Final Income Tax, PPh Article 23), making it difficult for Taxpayers to fulfill their PPh Article 21 obligations. Government Regulation Number 58 of 2023 concerning Tax Withholding and Imposition Rates has been stipulated. Income Article 21 on Income in Connection with Work, Services or Activities of Individual Taxpayers (PP) which applies on January 1 2024

Budi Handayani; Roidatus Shofiyah; Atmari Atmari; Tuti Herningtyas; Haniyah Haniyah

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Child protection is an important aspect in realizing the welfare and sustainability of the nation’s future generation. However, many people still do not fully understand children’s rights and the forms of legal protection available. This community service activity aims to improve public understanding and legal awareness regarding child protection through legal counseling programs. The method used was a participatory approach employing lectures, discussions, question-and-answer sessions, and simple case studies to help participants better understand the material presented. The target participants included parents, adolescents, and the general public within the village community. The counseling materials covered children’s rights, forms of violence against children, and legal protection mechanisms that can be pursued in cases of violations of children’s rights. The results of the activity showed an increase in public understanding of the importance of child protection and the role of families and communities in creating a safe and child-friendly environment. In addition, the community became more aware of legal measures that can be taken to prevent and address cases of violence against children. Therefore, this legal counseling activity proved effective in increasing public legal awareness regarding child protection and encouraging the creation of a more socially responsible environment that respects children’s rights.

Akbar Nur Wijaya Asra; Bhisa V. Wilhelmus; Deddy R. Ch. Manafe

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the negative impacts of the internet is online gambling, which previously people only played gambling games in the usual way. Gambling has been around on this earth for thousands of years and is the oldest game in the world. In essence, gambling is behavior that violates religious, ethical, moral and legal norms and endangers the livelihood of the community and the life of the community, nation, and state. This research was carried out in Kupang City, precisely at the Kupang City Resort Police. This research is an empirical legal research, which is carried out by looking at the reality that exists in field practice. This approach is also known as a sociological approach that is carried out directly in the field. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research that has been carried out, it is obtained that: (1) Law enforcement efforts against perpetrators of online gambling crimes, including: (a) The application of criminal sanctions for perpetrators of online gambling crimes in accordance with applicable laws and regulations. (b) Strict action to take legal action against the perpetrators of online gambling crimes. (2) Factors that are obstacles in the process of handling online gambling crimes, include: (a) Obstacles to law enforcement, (b) Lack of awareness and concern from the public, (c) Server factors located outside the Kupang City area, (d) Inadequate facilities and infrastructure, (e) Difficulty in collecting evidence. The author's suggestion is to tackle online gambling crimes, not only by relying on the role of the Police, but also the need for participation from the community. The public should not be closed and more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live.    

Mohamad Daniel Hokon; Nisa’anida Ainur Rosyidah; Nurita Putri Ramadani; Putri Candraningtyas; Emma Yunika Puspasari

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Copyright is a right that provides protection for intellectual works in the fields of literature, writing, science and art. This research discusses the issue of copyright infringement that arises between Ahmad Dhani as the creator and copyright holder of songs belonging to the music group Dewa 19 and the former vocalist of Dewa 19, namely Once Mekel. The problem arose because Once Mekel had sung and performed Dewa 19 songs several times without permission to Ahmad Dhani. Both parties have different points of view regarding the obligation to use the song's copyright. This research aims to analyze copyright violations based on Law Number 28 of 2014 and examine the settlement achieved through mediation between the two parties. This research uses a normative legal approach with case studies. Therefore, singing songs without permission and without paying royalties is a violation of copyright and economic rights. Even though there were differences in interpretation of the provisions of copyright law between the two parties, they were decided through mediation. It is hoped that this research will be able to provide more comprehensive insight regarding the principles of song copyright and legal protection mechanisms in Indonesia.

Edwin Hendrik; Subekti Subekti; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The amendment to the 1945 Constitution is an important milestone in the history of the Indonesian constitution that aims to improve the system of government and maintain the balance of power between the executive and legislative. This study aims to analyze the policy of limiting executive and legislative powers implemented through the amendment to the 1945 Constitution, and its implications for the system of government in Indonesia. The research method used is normative research with a qualitative approach, through literature studies and analysis of constitutional documents and relevant laws and regulations. Data were obtained from various sources, including the text of the 1945 Constitution before and after the amendment, academic literature, and the results of interviews with constitutional law experts. The results of the study indicate that the amendment to the 1945 Constitution has brought significant changes in the limitation of executive and legislative powers. Among them, the amendment introduced a stronger checks and balances mechanism, clarified the functions and authorities of each state institution, and set limits on the presidential term of office to prevent absolute power.    

Eko Sugianto; Wahyu Prawesthi; Siti Marwiyah

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred agreement in human life, although some marriages also fail and end in divorce. However, this divorce does not only stop at the end of the relationship between the two parties. But more than that, the problem of separation of joint property also often becomes a new problem after divorce. This study then aimed to review the implementation of divorce and division of property arising from marriage according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The research method used is normative, with a statutory approach and a conceptual approach. The results of the study showed that the legal basis for joint property is contained in Chapter VII Article 35 to Article 37 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Based on this law, the path to division of joint property is divided through several mechanisms, namely based on religious law, based on customary law, and based on other laws. Compared to Law Number 1 of 1974, Law Number 16 of 2019 provides more detailed and modern regulations regarding joint property compared to previous provisions. Overall, according to Law Number 16 of 2019, the authority to settle the division of joint property arising from marriage involves the court in deciding fairly based on applicable law. The court has the responsibility to ensure that the division of property is carried out with the principle of justice, taking into account the contribution of each party and their needs and economic circumstances. In the case of mediation or agreements outside the court, the court still has the authority to assess and ensure that the decisions taken are in accordance with applicable legal provisions.  

M. Abdul Hasyim; Nur Handayani; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to explore legal protection for children as perpetrators of gang violence, with a special focus on cases involving martial arts schools. Gang violence involving children and martial arts schools often poses complex challenges in terms of law and child protection. The research methods used are normative and empirical legal research. The type of research used by the author is normative or doctrinal legal research. The data in this study were obtained through library research so that the research data came from secondary data, namely District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk). The results of the study indicate that the application of criminal law based on District Court Decision No. 11 / Pid.Sus-Anak / 2023 / PN Mjk) relating to formal criminal law and material criminal law is appropriate, because the procedural procedures and the application of articles in the decision are in accordance with the Criminal Procedure Code, the Juvenile Criminal Justice System Law, and the Child Protection Law. Then, related to legal protection for children, the fulfillment of children's rights has not been implemented optimally.    

Sri Nur Damayana

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Professional ethics is not only a moral guideline for health workers, but is also an integral part of the legal system that regulates the relationship between health workers, patients and society. In a legal context, professional ethics is the foundation that guarantees that every action of health workers is carried out in accordance with professional standards and aims to protect patient rights. The aim of this research is to analyze the obstacles and impact of obstacles faced in law enforcement on violations of professional ethics for health workers in Indonesia. The research method used is normative research, using secondary data. The research results show that obstacles to law enforcement against violations of professional ethics for health workers in Indonesia stem from various factors, such as weak regulations, lack of coordination between institutions, slow and complicated legal processes, and minimal understanding of ethics and law among health workers. Furthermore, there is a significant impact on the protection of patient rights and the professionalism of health workers in Indonesia. On the one hand, patients become vulnerable to violations of their rights, such as the right to safe and quality medical services.

Falentina Tekhu Soa; Yossie Maria Y. Jacob; Orpa J. Nubatonis

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

For the Langa indigenous people, Waja is a process of recovery for mistakes because someone has violated a prohibition or certain customary law norms that apply in the Langa indigenous people. There are several marriage problems that occur in the Langa community that are not resolved with waja. The practice of waja serves to break the bond of engagement or marriage that has occurred between a man and a woman, the purpose is as a deterrent effect and also as a means of value education for the community so that marriages that violate customary norms can be eliminated or no longer repeated. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The function of waja customs in the marriage legal system of the Langa indigenous people is for the enforcement of customary norms and rules, the restoration of good name, efforts to break the bond of engagement or marriage between men and women and to realize justice and balance in community life, including in terms of marriage. (2) The process of applying waja customs in the practice of marriage of the Langa indigenous people is carried out in accordance with the marriage violations that have been carried out by both parties. The types of violations of waja customs are infidelity, relationships that are not approved by parents and abusive behavior of husbands towards wives.

Emanuel De Jesus; Yohanes G.Tuba Helan; Norani Asnawi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State Civil Apparatus or commonly referred to as ASN has been in the spotlight lately, where the changes in the new laws and regulations greatly affect the two (2) management of ASN, which includes Civil Servants (PNS) and Employees Government with Work Agreement (PPPK). This study aims to find, examine and discuss in more detail related to the Amendment of Law Number 20 of 2023 concerning Civil Servants, more specifically related to the Rights of Civil Servants and PPPK which have been regulated in this Law. The research method used is the cutative descriptive method. This type of research is normative legal research, the source of data obtained by researchers is sourced from legal materials, journals, and literature that supports this research. The legal materials used are primary, secondary and tertiary legal materials, while the literature includes contemporary and classical books. Data obtained by researchers through legal materials, then read, examined, analyzed, and explained quantitatively using scientific logic. The results showed that the granting of rights to Civil Servants and Government Employees with Work Agreements, was in accordance with their respective positions in the field of employment. However, the rights of the two management are dynamic and uncertain, because they are very dependent on changes in the laws and regulations ratified, so that there is a need for permanent regulations related to the rights of the two management, in order to fulfill the rights of each employee, which is in accordance with the Laws and Regulations.

Magdhalena Tasik Todingrara; Vivilia Agnata Mudi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Gender equality theory, which is a branch of gender studies, offers an in-depth view of how gender inequality can occur in various aspects of life, including in the legal system. In simple terms, this theory distinguishes between formal equality and substantive equality. This research aims to analyze gender equality theory which can be used as an analytical framework for understanding injustice for female victims in the criminal law enforcement system and the impact of gender injustice in the criminal law enforcement system on female victims. This research uses a type of normative research with a conceptual approach. The data source used comes from secondary data. The data collection method is carried out through documentation studies. This research shows that gender equality theory is a very relevant analytical framework for understanding the injustices experienced by female victims in the criminal law enforcement system. Gender injustice in the criminal law enforcement system has a broad and deep impact, not only on individual female victims but also on social, cultural and institutional structures.

Syaihidina Hefir; Indah Utami; Muhammad Nursyawal; Muhammad Aidil Zulfa; Arya Pramudia

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Regional expansion in Indonesia, especially in the Riau Islands, is a strategic effort to improve public services and the quality of life. Riau Islands, is a strategic effort to improve public services and accelerate post-1998 reform development. Accelerate post-reform development in 1998. Although it is expected to bring government closer to the people and improve welfare through decentralization through decentralization, the reality is that around 78% of the resulting regions failed to achieve their desired goals. Have failed to achieve their desired goals. This failure caused by various factors, including administrative unpreparedness, high fiscal dependency, political conflicts of interest, and lack of community participation. Community participation. However, this article also highlights examples of successes that show that with local government commitment and commitment of local governments and community support, some regions have been able to improve the quality of public services and optimize their and optimally utilize the potential of natural resources. Factors that influencing this success involve local government commitment, natural resource management, community support, infrastructure availability, and central government policies. This article aims to explore factors contributing to the failure and success of post-regional expansion in the Riau Islands and its impact on society and regional development. With a deeper understanding of this issue, it is hoped that more effective policies can be formulated more effective policies in the management of new autonomous regions to face future development challenges. To face future development challenges.

Ismaidar Ismaidar; Tamaulina Br. Sembiring; Yulia Christy Shintara Aruan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This paper describes the dynamics of legal politics in the regulation of Simultaneous Regional Elections in Indonesia with a focus on the effectiveness of implementation and its impact on local democracy. Simultaneous Regional Elections, which began in 2015, are the government's efforts to improve the efficiency of regional head elections while strengthening the democratic system. However, its implementation faces various challenges, such as regulatory complexity, potential political conflict, and impacts on the quality of representation at the local level. This study uses a juridical-normative approach with a qualitative analysis method to evaluate the laws and regulations governing Simultaneous Regional Elections, including Law Number 10 of 2016 and its implementing policies. Data were obtained through literature studies, legal documents, and interviews with relevant stakeholders. The results of the study show that, although Simultaneous Regional Elections bring benefits in the form of budget efficiency and strengthening political stability, this policy also poses a number of challenges. Among them are the gap in local government capacity, strengthening political oligarchy, and decreasing the quality of community participation at the local level. In addition, the implementation of Simultaneous Regional Elections tends to sacrifice regional autonomy in the context of local democracy, given the homogenization of election times that do not always match regional needs. This study recommends the need for a revision of regulations that are more adaptive to local needs, increasing public political education, and strengthening the capacity of election organizers to ensure that Simultaneous Regional Elections can run effectively without sacrificing the principles of local democracy.

Adinda Melisa Putri; Alya Deska Safira; Auliah Ramayani; Muhammad Rifky Rizani; Muhammad Dandy Pratama +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper is intended to analyze how institutions play a role as government institutions in upholding human rights, which focuses on human rights enforcement as reviewed from the performance of Komnas HAM institutions, the Ombudsman and other institutions, as well as the challenges faced in upholding human rights advocacy in Indonesia. Human rights problems are not a new problem in Indonesia, the many human rights violations in Indonesia if this problem continues to be left without evaluation and solutions, it will result in prosecution to the Government in order to solve the existing problems. Even after the reform, human rights violations continue to occur and are signaled in Indonesia, proving the inadequacy of the role of State Institutions to solve problems of human rights violations in Indonesia and ensure real security and protection of justice for the Indonesian people.

Rinie Octaviany Hasan; Lala Siti Sahara; Jenal Abidin; Rahmat Darmawan

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mekarbuana Village located in Tegalwaru, Karawang district, West Java, is about 45 kilometers from the center of Karawang, and has potential for agro-tourism and natural tourism, because according to the village head, Jaji Maryono, the village is a provider of coffee, durian, mango, avocado, and bananas. The tourism  that are available are Curug Cigentis, Curug Bandung, and tours along the flow of the river. This tourist destination is a favourite destination of both locals and citizens around Karawang to spend the weekend with the family. Due to the tourist potential in his village, the village chief acknowledged that he wanted to bring Mekarbuana Village  into a tourist village, but still needed support and enhanced human resource capacity (HRM) to manage the village. The problem is that the tourism organization in the village are not functioning, so the wheel of tourism in that village is still not balanced. This activity uses methods of accompaniment, socialization, and education carried out in integration with KKN students to the community and tourists in Mekarbuana Village. The result of this community service activity is the reactivation of the pokdarwis management, the existence of the organization structure, the presence of the work plan, a varied tour package, as well as the Mekarbuana Village  already registered in the JADESTA. As to the conclusion of the activities, they feel very grateful and hoped that the organization will be able to maximize its management, and continue to run consistently and professionally in managing tourism in the village.

Delfia Herwanis; Maulida Maulida; Addahri Hafidz Awlawi

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The focus of this study is the transformation of English and Mathematics education at the State Islamic Institute (IAIN) Takengon. Higher education at IAIN Takengon faces challenges in increasing student interest, especially in English and Mathematics study programs. Students believe that mathematics and English skills are not important for career success. This is a common problem in many universities in Indonesia. By focusing on the analysis of high school needs, this study attempts to address the problem. The results of the analysis indicate that IAIN Takengon programs can be tailored to meet the specific needs of English and Mathematics students. As part of the solution, IAIN Takengon students engage directly with high school students and gain hands-on experience in mentoring and teaching. To determine the needs of high schools, an analysis of the study program curriculum, interviews with teachers and students, and observations were conducted. The results of the study indicate that the English and Mathematics curriculum needs to be improved specifically, and the program should be more related to students' real lives. Case studies and qualitative methods are considered effective in collecting contextual data and providing in-depth insights into the state of education at IAIN Takengon. Other practical recommendations include curriculum adjustments, creating learning materials that are more in line with industry needs, and training teachers to implement innovative teaching methods.

Falentina Tekhu Soa; Yossie Maria Y. Jacob; Petornius Damat

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

For the Langa indigenous people, Waja is a process of recovery for mistakes because someone has violated a prohibition or certain customary law norms that apply in the Langa indigenous people. There are several marriage problems that occur in the Langa community that are not resolved with waja. The practice of waja serves to break the bond of engagement or marriage that has occurred between a man and a woman, the purpose is as a deterrent effect and also as a means of value education for the community so that marriages that violate customary norms can be eliminated or no longer repeated. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The function of waja customs in the marriage legal system of the Langa indigenous people is for the enforcement of customary norms and rules, the restoration of good name, efforts to break the bond of engagement or marriage between men and women and to realize justice and balance in community life, including in terms of marriage. (2) The process of applying waja customs in the practice of marriage of the Langa indigenous people is carried out in accordance with the marriage violations that have been carried out by both parties. The types of violations of waja customs are infidelity, relationships that are not approved by parents and abusive behavior of husbands towards wives.  

Emanuel De Jesus; Yohanes G.Tuba Helan; Norani Asnawi

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The State Civil Apparatus or commonly referred to as ASN has been in the spotlight lately, where the changes in the new laws and regulations greatly affect the two (2) management of ASN, which includes Civil Servants (PNS) and Employees Government with Work Agreement (PPPK). This study aims to find, examine and discuss in more detail related to the Amendment of Law Number 20 of 2023 concerning Civil Servants, more specifically related to the Rights of Civil Servants and PPPK which have been regulated in this Law. The research method used is the cutative descriptive method. This type of research is normative legal research, the source of data obtained by researchers is sourced from legal materials, journals, and literature that supports this research. The legal materials used are primary, secondary and tertiary legal materials, while the literature includes contemporary and classical books. Data obtained by researchers through legal materials, then read, examined, analyzed, and explained quantitatively using scientific logic.         The results showed that the granting of rights to Civil Servants and Government Employees with Work Agreements, was in accordance with their respective positions in the field of employment. However, the rights of the two management are dynamic and uncertain, because they are very dependent on changes in the laws and regulations ratified, so that there is a need for permanent regulations related to the rights of the two management, in order to fulfill the rights of each employee, which is in accordance with the Laws and Regulations.      

Agus Subhan Muzaki; Basuki Rekso Wibowo

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Government Goods and Services Provider Contract is a type of contract that is routinely carried out by the Government to meet various needs in organizing government activities. Transactions for the procurement of goods and services, namely the Ministry of Tourism and Creative Economy. The research method used is normative research using a statutory, conceptual and field approach. The results of the study are that the work contract between the commitment-making official and the goods and services provider at the Ministry of Tourism and Creative Economy still finds contract clauses that are not fully implemented and not understood by both parties. The impacts that will occur if the contract is not fully implemented and not understood by both parties include triggering contract disputes, even a greater impact is an indication of corruption because the source of funds for the procurement of goods and services is from the APBN. The purpose of this study is to provide education to both parties that the work contract is a guideline that must be understood and obeyed like the law. The ideal concept of direct procurement work contracts in the Ministry of Tourism and Creative Economy includes strengthening the role of APIP in the procurement of goods and services through direct procurement methods through audits, evaluations, reviews, monitoring and other supervision, the creation of standard contracts by including the substance of clauses that generally occur, and the use of sectoral e-catalogs provided by LKPP.